Delaware Supreme Court Considers Right to Bear Arms for Self Defense

Doe v. Wilmington Housing Authority, Del. Supr., No. 403, 2013 (oral argument Dec. 18, 2013).

Issue addressed: The Delaware Supreme Court heard oral argument on the natural right to self defense exemplified in the right to bear arms recognized in Article I, Section 20 of the Delaware State Constitution, the analog to the Second Amendment of the U.S. Constitution. In particular, the issue presented was whether a housing authority can effectively deny this fundamental right to its residents.

Why is this case relevant to this blog that covers corporate and commercial litigation? Other than the fact that the author of this post made the oral argument before the Supreme Court (and the Third Circuit which certified the issue), because it involves a fundamental right that every person is born with and that the constitution recognized as pre-existing, as opposed to granting the right. Very few rights enjoy that exalted status.

Blurb: Delaware’s High Court heard oral argument on this case on Dec. 18. The issue was accepted upon certification from the U.S. Court of Appeals for the Third Circuit in an opinion highlighted on these pages. That opinion provides both procedural and factual background.